JUDGEMENT
Arijit Pasayat, J. -
(1.)The present order will dispose of one of the issues relating to decision of the Uttar Pradesh Government not to take disciplinary action against Smt. Neera Yadav-respondent No.7.
(2.)A brief reference to certain earlier events and orders passed by this Court would be necessary.
(3.)On consideration of complaints received during the period 1994-96 the State Government decided to enquire into the allegations. These allegations related to irregularities in allotments and conversions of land in New Okhla Industrial Development Authority (in short NOIDA). Explanation was asked by Principal Secretary (Heavy Industries) of the Government of U.P. from Smt. Neera Yadav. On 2.2.1995 the then Chief Minister of U.P. observed that there was no need for any action in the matter. In November, 1995, a Memorandum was submitted by NOIDA Entrepreneurs Association - the petitioner in the present writ petition, requesting for enquiry by the Central Bureau of Investigation (in short the CBI) regarding the alleged irregularities in allotments and conversions in NOIDA. It appears at different stages Smt. Neera Yadav submitted her explanations. On 13.12.1996 a letter was written by the then Director CBI Sri Joginder Singh regarding information received from sources pertaining to alleged irregularities in the matter of allotments, conversions and regularization of plots in NOIDA. Taking into account the said letter the State Government constituted a Commission (hereinafter referred to as Justice Murtaza Hussain Commission). A report was submitted by the said Commission on 9.12.1997. In the report various details were given. On the basis of the report, the then Chief Secretary recommended departmental action in respect of specific findings against Smt. Neera Yadav and also an enquiry by the Vigilance Department in matters relating to which the Commission had not given any clear finding. The then Chairman of Board of Revenue Mr. A.P. Singh was recommended to be the enquiry officer. The then Chief Minister concurred with the findings of the then Chief Secretary. In the meantime, the writ petition had been filed before this Court. By order dated 6.1.1998 this Court directed the State Government to indicate its stand on affidavit in respect of the conclusions of Justice Murtaza Hussain Commission. On 9.1.1998 the then Chief Minister of the State approved the findings of the then Chief Secretary recorded on 27.12.1997 and specifically in relation to the suggestions for departmental action in accordance with the rules. On that very date the State of Uttar Pradesh filed an affidavit before this Court wherein it was stated that keeping in view the gravity of the irregularities committed, it has decided to start departmental proceedings against Smt. Neera Yadav. It was also stated in the affidavit that regarding those charges about which the Commission had expressed its inability to give specific recommendations for want of further investigation, the State Government had decided to get the matter inquired into by the Vigilance Department of the State. Taking note of all these aspects, this Court by order dated 20.1.1998 directed that the matter should be investigated by the CBI and if such investigation discloses the commission of criminal offence the person/persons found responsible should be prosecuted in a Criminal Court. It was specifically noted that the State Government was proposing to initiate departmental proceeding against Smt. Neera Yadav. On 18.12.1998 the State Government of Uttar Pradesh filed an affidavit before this Court stating that the enquiry by the Vigilance Department which was initiated in respect of those aspects about which Commission had expressed its inability to give specific recommendation was being dropped on account of the fact that the CBI was enquiring into the matter. Prior to that on 26.5.1998 charge-sheet had been issued to Smt. Neera Yadav and an enquiry officer was appointed. Three charges framed were as follows:
"1. Allotment and conversion of residential plots in her favour and also in favour of her two daughters.
2 . Allotment/conversion of residential plots in favour of Anand Kumar/Subash Kumar within three months of their appointment as carpenter and junior clerk.
3. Allotment/conversion of the residential plot to Rajeev Kumar Dy. CEO and increase in area."
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